110th CONGRESS
1st Session
S. 456
To increase and enhance law enforcement resources committed to
investigation and prosecution of violent gangs, to deter and punish violent
gang crime, to protect law-abiding citizens and communities from violent
criminals, to revise and enhance criminal penalties for violent crimes,
to expand and improve gang prevention programs, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 31, 2007
Mrs. FEINSTEIN (for herself, Mr. HATCH, Mr. SCHUMER, Mr. SPECTER, Mr. BIDEN,
Mr. KYL, Mr. STEVENS, Ms. CANTWELL, Mr. COLEMAN, Ms. MIKULSKI, Mr. BAUCUS,
Mr. PRYOR, Mr. SALAZAR, Mrs. MURRAY, Mr. BROWN, Mrs. CLINTON, Mrs. DOLE,
Mr. CORNYN, Mr. KOHL, and Mr. CASEY) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
A BILL
To increase and enhance law enforcement resources committed to
investigation and prosecution of violent gangs, to deter and punish violent
gang crime, to protect law-abiding citizens and communities from violent
criminals, to revise and enhance criminal penalties for violent crimes,
to expand and improve gang prevention programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Gang Abatement and Prevention Act of 2007'.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 2. Table of contents.
TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT NATIONAL GANGS
Sec. 101. Revision and extension of penalties related to criminal street
gang activity.
TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE
Sec. 201. Violent crimes in aid of racketeering activity.
Sec. 202. Murder and other violent crimes committed during and in relation
to a drug trafficking crime.
Sec. 203. Expansion of rebuttable presumption against release of persons
charged with firearms offenses.
Sec. 204. Statute of limitations for violent crime.
Sec. 205. Study of hearsay exception for forfeiture by wrongdoing.
Sec. 206. Possession of firearms by dangerous felons.
Sec. 207. Conforming amendment.
Sec. 208. Amendments relating to violent crime.
Sec. 209. Crimes of violence and drug crimes committed by illegal aliens.
Sec. 210. Publicity campaign about new criminal penalties.
Sec. 211. Statute of limitations for terrorism offenses.
Sec. 212. Crimes committed in Indian country or exclusive Federal jurisdiction
as racketeering predicates.
Sec. 213. Predicate crimes for authorization of interception of wire,
oral, and electronic communications.
Sec. 214. Clarification of Hobbs Act.
TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT AT-RISK YOUTH
FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES
Sec. 301. Designation of and assistance for high intensity interstate
gang activity areas.
Sec. 302. Enhancement of Project Safe Neighborhoods initiative to improve
enforcement of criminal laws against violent gangs.
Sec. 303. Additional resources needed by the Federal Bureau of Investigation
to investigate and prosecute violent criminal street gangs.
Sec. 304. Grants to prosecutors and law enforcement to combat violent
crime.
Sec. 305. Short-Term State Witness Protection Section.
Sec. 306. Witness protection services.
Sec. 307. Expansion of Federal witness relocation and protection program.
Sec. 308. Family abduction prevention grant program.
SEC. 3. FINDINGS.
(1) violent crime and drug trafficking are pervasive problems at the national,
State, and local level;
(2) according to recent Federal Bureau of Investigation, Uniform Crime
Reports, violent crime in the United States is on the rise, with a 2.5
percent increase in violent crime in 2005 (the largest increase in the
United States in 15 years) and an even larger 3.7 percent jump during
the first 6 months of 2006;
(3) these disturbing rises in violent crime are attributable in part to
the spread of criminal street gangs and the willingness of gang members
to commit acts of violence and drug trafficking offenses;
(4) according to a recent National Drug Threat Assessment, criminal street
gangs are responsible for much of the retail distribution of the cocaine,
methamphetamine, heroin, and other illegal drugs being distributed in
rural and urban communities throughout the United States;
(5) gangs commit acts of violence or drug offenses for numerous motives,
such as membership in or loyalty to the gang, for protecting gang territory,
and for profit;
(6) gang presence and intimidation, and the organized and repetitive nature
of the crimes that gangs commit, has a pernicious effect on the free flow
of interstate commercial activities and directly affects the freedom and
security of communities plagued by gang activity, diminishing the value
of property, inhibiting the desire of national and multinational corporations
to transact business in those communities, and in a variety of ways significantly
affecting interstate and foreign commerce;
(7) gangs often recruit and utilize minors to engage in acts of violence
and other serious offenses out of a belief that the criminal justice systems
are more lenient on juvenile offenders;
(8) gangs often intimidate and threaten witnesses to prevent successful
prosecutions;
(9) gang recruitment can be deterred through increased vigilance, strong
criminal penalties, partnerships between Federal and State and local law
enforcement, and proactive intervention efforts, particularly targeted
at juveniles, prior to gang involvement;
(10) State and local prosecutors and law enforcement officers, in hearings
before the Committee on the Judiciary of the Senate and elsewhere, have
enlisted the help of Congress in the prevention, investigation, and prosecution
of gang crimes and in the protection of witnesses and victims of gang
crimes; and
(11) because State and local prosecutors and law enforcement have the
expertise, experience, and connection to the community that is needed
to assist in combating gang violence, consultation and coordination between
Federal, State, and local law enforcement is critical to the successful
prosecutions of criminal street gangs.
TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT NATIONAL GANGS
SEC. 101. REVISION AND EXTENSION OF PENALTIES RELATED TO CRIMINAL STREET
GANG ACTIVITY.
(a) In General- Chapter 26 of title 18, United States Code, is amended to
read as follows:
`CHAPTER 26--CRIMINAL STREET GANGS
`522. Criminal street gang prosecutions.
`523. Recruitment of persons to participate in a criminal street gang.
`524. Violent crimes in furtherance of criminal street gangs.
`Sec. 521. Definitions
`(1) CRIMINAL STREET GANG- The term `criminal street gang' means a formal
or informal group or association of 5 or more individuals, who commit
3 or more gang crimes (not less than 1 of which is a serious violent felony),
in 3 or more separate criminal episodes (not less than 1 of which occurs
after the date of enactment of the Gang Abatement and Prevention Act of
2007, and the last of which occurs not later than 5 years after the commission
of a prior gang crime (excluding any time of imprisonment for that individual)).
`(2) GANG CRIME- The term `gang crime' means a felony offense under Federal
or State law punishable by imprisonment for more than 1 year, in any of
the following categories:
`(A) A crime that has as an element the use, attempted use, or threatened
use of physical force against the person of another, or is burglary,
arson, or extortion.
`(B) A crime involving obstruction of justice, or tampering with or
retaliating against a witness, victim, or informant.
`(C) A crime involving the manufacturing, importing, distributing, possessing
with intent to distribute, or otherwise trafficking in a controlled
substance or listed chemical (as those terms are defined in section
102 of the Controlled Substances Act (21 U.S.C. 802)).
`(D) Any conduct punishable under--
`(i) section 844 (relating to explosive materials);
`(ii) subsection (a)(1), (d), (g)(1) (where the underlying conviction
is a violent felony or a serious drug offense (as those terms are
defined in section 924(e)), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8),
(g)(9), (i), (j), (k), (n), (o), (p), (q), (u), or (x) of section
922 (relating to unlawful acts);
`(iii) subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section
924 (relating to penalties);
`(iv) section 930 (relating to possession of firearms and dangerous
weapons in Federal facilities);
`(v) section 931 (relating to purchase, ownership, or possession of
body armor by violent felons);
`(vi) sections 1028 and 1029 (relating to fraud and related activity
in connection with identification documents or access devices);
`(vii) section 1084 (relating to transmission of wagering information);
`(viii) section 1952 (relating to interstate and foreign travel or
transportation in aid of racketeering enterprises);
`(ix) section 1956 (relating to the laundering of monetary instruments);
`(x) section 1957 (relating to engaging in monetary transactions in
property derived from specified unlawful activity); or
`(xi) sections 2312 through 2315 (relating to interstate transportation
of stolen motor vehicles or stolen property).
`(E) Any conduct punishable under section 274 (relating to bringing
in and harboring certain aliens), section 277 (relating to aiding or
assisting certain aliens to enter the United States), or section 278
(relating to importation of aliens for immoral purposes) of the Immigration
and Nationality Act (8 U.S.C. 1324, 1327, and 1328).
`(F) Any crime involving aggravated sexual abuse, pimping or promoting
prostitution, obscenity (including sections 1461 through 1465), sexual
exploitation of children (including sections 2251, 2251A, 2252 and 2260),
peonage, slavery or trafficking in persons (including sections 1581
through 1592) and sections 2421 through 2427 (relating to transport
for illegal sexual activity).
`(3) MINOR- The term `minor' means an individual who is less than 18 years
of age.
`(4) SERIOUS VIOLENT FELONY- The term `serious violent felony' has the
meaning given that term in section 3559.
`(5) STATE- The term `State' means each of the several States of the United
States, the District of Columbia, and any commonwealth, territory, or
possession of the United States.
`Sec. 522. Criminal street gang prosecutions
`(a) Street Gang Crime- It shall be unlawful for any person to knowingly
commit, or conspire, threaten, or attempt to commit, a gang crime for the
purpose of furthering the activities of a criminal street gang, or gaining
entrance to or maintaining or increasing position in a criminal street gang,
if the activities of that criminal street gang occur in or affect interstate
or foreign commerce.
`(b) Penalty- Any person who violates subsection (a) shall be fined under
this title and--
`(1) for murder, kidnapping, conduct that would violate section 2241 if
the conduct occurred in the special maritime and territorial jurisdiction
of the United States, or maiming, imprisonment for any term of years or
for life;
`(2) for any other serious violent felony, by imprisonment for not more
than 30 years;
`(3) for any crime of violence that is not a serious violent felony, by
imprisonment for not more than 20 years; and
`(4) for any other offense, by imprisonment for not more than 10 years.
`Sec. 523. Recruitment of persons to participate in a criminal street
gang
`(a) Prohibited Acts- It shall be unlawful to knowingly recruit, employ,
solicit, induce, command, or cause another person to be or remain as a member
of a criminal street gang, or attempt or conspire to do so, with the intent
to cause that person to participate in an offense described in section 522,
if the defendant travels in interstate or foreign commerce in the course
of the offense, or if the activities of that criminal street gang are in
or affect interstate or foreign commerce.
`(b) Penalties- Whoever violates subsection (a) shall--
`(1) if the person recruited, employed, solicited, induced, commanded,
or caused to participate or remain in a criminal street gang is a minor--
`(A) be fined under this title, imprisoned not more than 20 years, or
both; and
`(B) at the discretion of the sentencing judge, be liable for any costs
incurred by the Federal Government, or by any State or local government,
for housing, maintaining, and treating the minor until the person attains
the age of 18 years;
`(2) if the person who recruits, employs, solicits, induces, commands,
or causes the participation or remaining in a criminal street gang is
incarcerated at the time the offense takes place, be fined under this
title, imprisoned not more than 20 years, or both; and
`(3) in any other case, be fined under this title, imprisoned not more
than 10 years, or both.
`(c) Consecutive Nature of Penalties- Any term of imprisonment imposed under
subsection (b)(2) shall be consecutive to any term imposed for any other
offense.
`Sec. 524. Violent crimes in furtherance of criminal street gangs
`(a) In General- It shall be unlawful for any person, for the purpose of
gaining entrance to or maintaining or increasing position in, or in furtherance
of, or in association with, a criminal street gang, or as consideration
for anything of pecuniary value to or from a criminal street gang, to knowingly
commit a crime of violence or threaten to commit a crime of violence against
any individual, or attempt or conspire to do so, if the activities of the
criminal state gang occur in or affect interstate or foreign commerce.
`(b) Penalty- Any person who violates subsection (a) shall be punished by
a fine under this title and--
`(1) for murder, kidnapping, conduct that would violate section 2241 if
the conduct occurred in the special maritime and territorial jurisdiction
of the United States, or maiming, by imprisonment for any term of years
or for life;
`(2) for a serious violent felony other than one described in paragraph
(1), by imprisonment for not more than 30 years; and
`(3) in any other case, by imprisonment for not more than 20 years.
`Sec. 525. Forfeiture
`(a) Criminal Forfeiture- A person who is convicted of a violation of this
chapter shall forfeit to the United States--
`(1) any property used, or intended to be used, in any manner or part,
to commit, or to facilitate the commission of, the violation; and
`(2) any property constituting, or derived from, any proceeds obtained,
directly or indirectly, as a result of the violation.
`(b) Procedures Applicable- Pursuant to section 2461(c) of title 28, the
provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853),
except subsections (a) and (d) of that section, shall apply to the criminal
forfeiture of property under this section.'.
(b) Amendment Relating to Priority of Forfeiture Over Orders for Restitution-
Section 3663(c)(4) of title 18, United States Code, is amended by striking
`chapter 46 or' and inserting `chapter 26, chapter 46, or' .
(c) Money Laundering- Section 1956(c)(7)(D) of title 18, United States Code,
is amended by inserting `, section 522 (relating to criminal street gang
prosecutions), 523 (relating to recruitment of persons to participate in
a criminal street gang), and 524 (relating to violent crimes in furtherance
of criminal street gangs)' before `, section 541'.
TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE
SEC. 201. VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY.
Section 1959(a) of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting `or in furtherance or in aid of an enterprise engaged
in racketeering activity,' before `murders,'; and
(B) by inserting `engages in conduct that would violate section 2241
if the conduct occurred in the special maritime and territorial jurisdiction
of the United States,' before `maims,';
(2) in paragraph (1), by inserting `conduct that would violate section
2241 if the conduct occurred in the special maritime and territorial jurisdiction
of the United States, or maiming,' after `kidnapping,';
(3) in paragraph (2), by striking `maiming' and inserting `assault resulting
in serious bodily injury';
(4) in paragraph (3), by striking `or assault resulting in serious bodily
injury';
(A) by striking `five years' and inserting `10 years'; and
(B) by adding `and' at the end; and
(6) by striking paragraphs (5) and (6) and inserting the following:
`(5) for attempting or conspiring to commit any offense under this section,
by the same penalties (other than the death penalty) as those prescribed
for the offense, the commission of which was the object of the attempt
or conspiracy.'.
SEC. 202. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION
TO A DRUG TRAFFICKING CRIME.
(a) In General- Part D of the Controlled Substances Act (21 U.S.C. 841 et
seq.) is amended by adding at the end the following:
`SEC. 424. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION
TO A DRUG TRAFFICKING CRIME.
`(a) In General- Whoever, during and in relation to any drug trafficking
crime, knowingly commits any felony crime of violence against any individual,
for which imprisonment for a period longer than 1 year may be imposed, or
threatens, attempts or conspires to do so, shall be punished by a fine under
title 18, United States Code, and, in addition and consecutive to the punishment
provided for the drug trafficking crime--
`(1) for murder, kidnapping, conduct that would violate section 2241 if
the conduct occurred in the special maritime and territorial jurisdiction
of the United States, or maiming, by imprisonment for any term of years
or for life;
`(2) for a serious violent felony (as defined in section 3559 of title
18, United States Code) other than one described in paragraph (1) by imprisonment
for not more than 30 years;
`(3) for a crime of violence that is not a serious violent felony, by
imprisonment for not more than 20 years; and
`(4) in any other case by imprisonment for not more than 10 years.
`(b) Venue- A prosecution for a violation of this section may be brought
in--
`(1) the judicial district in which the murder or other crime of violence
occurred; or
`(2) any judicial district in which the drug trafficking crime may be
prosecuted.
`(c) Definitions- In this section--
`(1) the term `crime of violence' has the meaning given that term in section
16 of title 18, United States Code; and
`(2) the term `drug trafficking crime' has the meaning given that term
in section 924(c)(2) of title 18, United States Code.'.
(b) Clerical Amendment- The table of contents for the Controlled Substances
Act is amended by inserting after the item relating to section 423, the
following:
`Sec. 424. Murder and other violent crimes committed during and in relation
to a drug trafficking crime.'.
SEC. 203. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF PERSONS
CHARGED WITH FIREARMS OFFENSES.
Section 3142(e) of title 18, United States Code, is amended in the matter
following paragraph (3), by inserting after `that the person committed'
the following: `an offense under subsection (g)(1) (where the underlying
conviction is a drug trafficking crime or crime of violence (as those terms
are defined in section 924(c))), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8),
or (g)(9) of section 922,'.
SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.
(a) In General- Chapter 213 of title 18, United States Code, is amended
by adding at the end the following:
`Sec. 3299A. Violent crime offenses
`No person shall be prosecuted, tried, or punished for any noncapital felony
crime of violence, including any racketeering activity or gang crime which
involves any crime of violence, unless the indictment is found or the information
is instituted not later than 10 years after the date on which the alleged
violation occurred or the continuing offense was completed.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter
213 of title 18, United States Code, is amended by adding at the end the
following:
`3299A. Violent crime offenses.'.
SEC. 205. STUDY OF HEARSAY EXCEPTION FOR FORFEITURE BY WRONGDOING.
The Committee on Rules, Practice, Procedure, and Evidence of the Judicial
Conference of the United States shall study the necessity and desirability
of amending section 804(b) of the Federal Rules of Evidence to permit the
introduction of statements against a party by a witness who has been made
unavailable where it is reasonably foreseeable by that party that wrongdoing
would make the declarant unavailable.
SEC. 206. POSSESSION OF FIREARMS BY DANGEROUS FELONS.
(a) In General- Section 924(e) of title 18, United States Code, is amended
by striking paragraph (1) and inserting the following:
`(1) In the case of a person who violates section 922(g) of this title and
has previously been convicted by any court referred to in section 922(g)(1)
of a violent felony or a serious drug offense shall--
`(A) in the case of 1 such prior conviction, where a period of not more
than 10 years has elapsed since the later of the date of conviction and
the date of release of the person from imprisonment for that conviction,
be imprisoned for not more than 15 years, fined under this title, or both;
`(B) in the case of 2 such prior convictions, committed on occasions different
from one another, and where a period of not more than 10 years has elapsed
since the later of the date of conviction and the date of release of the
person from imprisonment for the most recent such conviction, be imprisoned
for not more than 20 years, fined under this title, or both; and
`(C) in the case of 3 such prior convictions, committed on occasions different
from one another, and where a period of not more than 10 years has elapsed
since the later of date of conviction and the date of release of the person
from imprisonment for the most recent such conviction, be imprisoned for
any term of years not less than 15 years or for life and fined under this
title, and notwithstanding any other provision of law, the court shall
not suspend the sentence of, or grant a probationary sentence to, such
person with respect to the conviction under section 922(g).'.
(b) Amendment to Sentencing Guidelines- Pursuant to its authority under
section 994(p) of title 28, United States Code, the United States Sentencing
Commission shall amend the Federal Sentencing Guidelines to provide for
an appropriate increase in the offense level for violations of section 922(g)
of title 18, United States Code, in accordance with section 924(e) of that
title 18, as amended by subsection (a).
SEC. 207. CONFORMING AMENDMENT.
The matter preceding paragraph (1) in section 922(d) of title 18, United
States Code, is amended by inserting `, transfer,' after `sell'.
SEC. 208. AMENDMENTS RELATING TO VIOLENT CRIME.
(a) Carjacking- Section 2119 of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking `, with the intent to cause death or serious bodily
harm';
(B) by inserting `in the physical presence of, and causing a reasonable
apprehension of fear in, another individual' after `by force and violence';
and
(C) by inserting `or conspires' after `attempts';
(2) in paragraph (1), by striking `15 years' and inserting `20 years';
and
(3) in paragraph (2), by striking `or imprisoned not more than 25 years,
or both' and inserting `and imprisoned for any term of years or for life'.
(b) Clarification and Strengthening of Prohibition on Illegal Gun Transfers
to Commit Drug Trafficking Crime or Crime of Violence- Section 924(h) of
title 18, United States Code, is amended to read as follows:
`(h) Whoever knowingly transfers a firearm that has moved in or that otherwise
affects interstate or foreign commerce, knowing that the firearm will be
used to commit, or possessed in furtherance of, a crime of violence (as
defined in subsection (c)(3)) or drug trafficking crime (as defined in subsection
(c)(2)) shall be fined under this title and imprisoned not more than 20
years.'.
(c) Amendment of Special Sentencing Provision Relating to Limitations on
Criminal Association- Section 3582(d) of title 18, United States Code, is
amended--
(1) by inserting `chapter 26 of this title (criminal street gang prosecutions)
or in' after `felony set forth in'; and
(2) by inserting `a criminal street gang or' before `an illegal enterprise'.
(d) Conspiracy Penalty- Section 371 of title 18, United States Code, is
amended by striking `five years, or both.' and inserting `20 years (unless
the maximum penalty for the crime that served as the object of the conspiracy
has a maximum penalty of imprisonment of less than 20 years, in which case
the maximum penalty under this section shall be the penalty for such crime),
or both. This paragraph does not supersede any other penalty specifically
set forth for a conspiracy offense.'.
SEC. 209. CRIMES OF VIOLENCE AND DRUG CRIMES COMMITTED BY ILLEGAL ALIENS.
(a) Offenses- Title 18 of the United States Code, is amended by inserting
after chapter 51 the following new chapter:
`CHAPTER 52--ILLEGAL ALIENS
`1131. Enhanced penalties for certain crimes committed by illegal aliens.
`Sec. 1131. Enhanced penalties for certain crimes committed by illegal
aliens
`(a) In General- Whoever, being an alien who is present in the United States
in violation of section 275 or 276 of the Immigration and Nationality Act
(8 U.S.C. 1325 and 1326), knowingly commits, conspires, or attempts to commit
a felony crime of violence for which imprisonment for a period of more than
1 year may be imposed, or a drug trafficking crime (as defined in section
924(c)), shall be fined under this title, imprisoned not more than 20 years,
or both.
`(b) Previously Ordered Removed- If the defendant in a prosecution under
subsection (a) was previously ordered removed under the Immigration and
Nationality Act on the grounds of having committed a crime, the defendant
shall be fined under this title, imprisoned not more than 30 years, or both.
`(c) Running of Sentence- A term of imprisonment imposed for an offense
pursuant to this section may not run concurrently with any other sentence
of imprisonment imposed for another offense.'.
(b) Clerical Amendment- The table of chapters at the beginning of part I
of title 18, United States Code, is amended by inserting after the item
relating to chapter 51 the following new item:
1131'.
SEC. 210. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL PENALTIES.
The Attorney General is authorized to conduct media campaigns in any area
designated as a high intensity interstate gang activity area under section
301 and any area with existing and emerging problems with gangs, as needed,
to educate individuals in that area about the changes in criminal penalties
made by this Act, and shall report to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of Representatives
the amount of expenditures and all other aspects of the media campaign.
SEC. 211. STATUTE OF LIMITATIONS FOR TERRORISM OFFENSES.
Section 3286(a) of title 18, United States Code, is amended--
(1) in the subsection heading, by striking `Eight-Year' and inserting
`Ten-Year'; and
(2) in the first sentence, by striking `8 years' and inserting `10 years'.
SEC. 212. CRIMES COMMITTED IN INDIAN COUNTRY OR EXCLUSIVE FEDERAL JURISDICTION
AS RACKETEERING PREDICATES.
Section 1961(1)(A) of title 18, United States Code, is amended by inserting
`, or would have been so chargeable if the act or threat (other than gambling)
had not been committed in Indian country (as defined in section 1151) or
in any other area of exclusive Federal jurisdiction,' after `chargeable
under State law'.
SEC. 213. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION OF WIRE,
ORAL, AND ELECTRONIC COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is amended--
(1) by striking `or' and the end of paragraph (r);
(2) by redesignating paragraph (s) as paragraph (u); and
(3) by inserting after paragraph (r) the following:
`(s) any violation of section 424 of the Controlled Substances Act (relating
to murder and other violent crimes in furtherance of a drug trafficking
crime);
`(t) any violation of section 522, 523, or 524 (relating to criminal street
gangs); or'.
SEC. 214. CLARIFICATION OF HOBBS ACT.
Section 1951(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting `including the unlawful impersonation
of a law enforcement officer (as that term is defined in section 245(c)
of this title),' after `by means of actual or threatened force,'; and
(2) in paragraph (2), by inserting `including the unlawful impersonation
of a law enforcement officer (as that term is defined in section 245(c)
of this title),' after `by wrongful use of actual or threatened force,'.
TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT AT-RISK YOUTH
FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES
SEC. 301. DESIGNATION OF AND ASSISTANCE FOR HIGH INTENSITY INTERSTATE
GANG ACTIVITY AREAS.
(a) Definitions- In this section:
(1) GOVERNOR- The term `Governor' means a Governor of a State, the Mayor
of the District of Columbia, the tribal leader of an Indian tribe, or
the chief executive of a Commonwealth, territory, or possession of the
United States.
(2) HIGH INTENSITY INTERSTATE GANG ACTIVITY AREA- The term `high intensity
interstate gang activity area' or `HIIGAA' means an area within a State
or Indian country that is designated as a high intensity interstate gang
activity area under subsection (b)(1).
(3) INDIAN COUNTRY- The term `Indian country' has the meaning given the
term in section 1151 of title 18, United States Code.
(4) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term
in section 4(e) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e)).
(5) STATE- The term `State' means a State of the United States, the District
of Columbia, and any commonwealth, territory, or possession of the United
States.
(6) TRIBAL LEADER- The term `tribal leader' means the chief executive
officer representing the governing body of an Indian tribe.
(b) High Intensity Interstate Gang Activity Areas-
(1) DESIGNATION- The Attorney General, after consultation with the Governors
of appropriate States, may designate as high intensity interstate gang
activity areas, specific areas that are located within 1 or more States.
(2) ASSISTANCE- In order to provide Federal assistance to high intensity
interstate gang activity areas, the Attorney General shall--
(A) establish local collaborative working groups, which shall include--
(i) criminal street gang enforcement teams, consisting of Federal,
State, tribal, and local law enforcement authorities, for the coordinated
investigation, disruption, apprehension, and prosecution of criminal
street gangs and offenders in each high intensity interstate gang
activity area;
(ii) school, community, and faith leaders in the area; and
(iii) service providers in the community, including those experienced
at reaching youth who have been involved in violence and violent gangs
or groups, to provide at-risk youth with positive alternatives to
gangs and other violent groups and to address the needs of those who
leave gangs and other violent groups;
(B) direct the reassignment or detailing from any Federal department
or agency (subject to the approval of the head of that department or
agency, in the case of a department or agency other than the Department
of Justice) of personnel to each criminal street gang enforcement team;
(C) provide all necessary funding for the operation of each local collaborative
working group in each high intensity interstate gang activity area;
and
(D) provide all necessary funding for national and regional meetings
of local collaborative working groups, criminal street gang enforcement
teams, and all other related organizations, as needed, to ensure effective
operation of such teams through the sharing of intelligence and best
practices and for any other related purpose.
(3) COMPOSITION OF CRIMINAL STREET GANG ENFORCEMENT TEAM- Each team established
under paragraph (2)(A)(i) shall consist of agents and officers, where
feasible, from--
(A) the Federal Bureau of Investigation;
(B) the Drug Enforcement Administration;
(C) the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
(D) the United States Marshals Service;
(E) the Department of Homeland Security;
(F) the Department of Housing and Urban Development;
(G) State, local, and, where appropriate, tribal law enforcement;
(H) Federal, State, and local prosecutors; and
(I) the Bureau of Indian Affairs, Office of Law Enforcement Services,
where appropriate.
(4) CRITERIA FOR DESIGNATION- In considering an area for designation as
a high intensity interstate gang activity area under this section, the
Attorney General shall consider--
(A) the current and predicted levels of gang crime activity in the area;
(B) the extent to which violent crime in the area appears to be related
to criminal street gang activity, such as drug trafficking, murder,
robbery, assaults, carjacking, arson, kidnapping, extortion, and other
criminal activity;
(C) the extent to which State, local, and, where appropriate, tribal
law enforcement agencies have committed resources to--
(i) respond to the gang crime problem; and
(ii) participate in a gang enforcement team;
(D) the extent to which a significant increase in the allocation of
Federal resources would enhance local response to the gang crime activities
in the area; and
(E) any other criteria that the Attorney General considers to be appropriate.
(5) RELATION TO HIDTAS- If the Attorney General establishes a high intensity
interstate gang activity area that substantially overlaps geographically
with any existing high intensity drug trafficking area (in this section
referred to as a `HIDTA'), the Attorney General shall direct the local
collaborative working group for that high intensity interstate gang activity
area to enter into an agreement with the Executive Board for that HIDTA,
providing that--
(A) the Executive Board of that HIDTA shall establish a separate high
intensity interstate gang activity area law enforcement steering committee,
and select (with a preference for Federal, State, and local law enforcement
agencies that are within the geographic area of that high intensity
interstate gang activity area) the members of that committee, subject
to the concurrence of the Attorney General;
(B) the high intensity interstate gang activity area law enforcement
steering committee established under subparagraph (A) shall administer
the funds provided under subsection (g)(1) for the Criminal Street Gang
Enforcement Team, after consulting with, and consistent with the goals
and strategies established by, that local collaborative working group;
(C) the high intensity interstate gang activity area law enforcement
steering committee established under subparagraph (A) shall select,
from Federal, State, and local law enforcement agencies within the geographic
area of that high intensity interstate gang activity area, the members
of the Criminal Street Gang Enforcement Team; and
(D) the Criminal Street Gang Enforcement Team of that high intensity
interstate gang activity area, and its law enforcement steering committee,
may, with approval of the Executive Board of the HIDTA with which it
overlaps, utilize the intelligence-sharing, administrative, and other
resources of that HIDTA.
(c) Reporting Requirements- Not later than February 1 of each year, the
Attorney General shall provide a report to Congress which describes, for
each designated high intensity interstate gang activity area--
(1) the specific long-term and short-term goals and objectives;
(2) the measurements used to evaluate the performance of the high intensity
interstate gang activity area in achieving the long-term and short-term
goals;
(3) the age, composition, and membership of gangs;
(4) the number and nature of crimes committed by gangs; and
(5) the definition of the term gang used to compile this report.
(d) National Gang Activity Database-
(1) IN GENERAL- From amounts made available to carry out this section,
the Attorney General shall establish a National Gang Activity Database
to be housed at and administered by the Federal Bureau of Investigation.
(2) DESCRIPTION- The database required by paragraph (1) shall--
(A) be designed to disseminate gang information to law enforcement agencies
throughout the country;
(B) contain critical information on gangs, gang members, firearms, criminal
activities, vehicles, and other information useful for investigators
in solving gang-related crimes; and
(C) operate in a manner that enables law enforcement agencies to--
(i) identify gang members involved in crimes;
(ii) track the movement of gangs and members throughout the region;
(iii) coordinate law enforcement response to gang violence;
(iv) enhance officer safety;
(v) provide realistic, up to date figures and statistical data on
gang crime and violence;
(vi) forecast trends and respond accordingly; and
(vii) more easily solve crimes and prevent violence.
(e) Additional Assistant United States Attorneys- The Attorney General is
authorized to hire 94 additional Assistant United States attorneys to carry
out the provisions of this section. Each attorney hired under this subsection
shall be assigned to a high intensity interstate gang activity area.
(f) National Gang Research, Evaluation, and Policy Institute-
(1) IN GENERAL- The Bureau of Justice Assistance of the Department of
Justice, after consulting with relevant with law enforcement officials,
practitioners and researchers, shall establish a National Gang Research,
Evaluation, and Policy Institute (in this subsection referred to as the
`Institute').
(2) ACTIVITIES- The Institute shall promote and facilitate the implementation
of effective gang violence prevention models, including the Operation
Ceasefire gang violence prevention strategy and other effective strategies
to prevent gang violence. The Institute shall assist jurisdictions in
designing and implementing effective local strategies, and shall provide
technical assistance and conduct research in support of its mission.
(3) NATIONAL CONFERENCE- Not later than 90 days after the date of its
formation, the Institute shall design and conduct a national conference
to prevent gang violence, and to teach and promote gang violence prevention
strategies. The conference shall be attended by appropriate representatives
from criminal street enforcement teams, and local collaborative working
groups, including community, religious, and social service organizations.
(4) NATIONAL DEMONSTRATION SITES- Not later than 120 days after the date
of its formation, the Institute shall select appropriate HIIGAA areas
to serve as primary national demonstration sites, based on the nature,
concentration and distribution of various gang types, and the range of
particular gang-related issues. The Institute shall thereafter establish
such other, secondary sites, to be linked to and receive technical assistance
through the primary sites, as it may deem appropriate.
(5) DISSEMINATION OF INFORMATION- Not later than 180 days after the date
of its formation, the Institute shall develop and begin dissemination
of information, including guides, research and assessment models, case
studies, evaluations, and best practices. The Institute shall also create
a website, designed to support the implementation of successful gang violence
prevention models, and disseminate appropriate information to assist jurisdictions
in reducing gang violence.
(6) SUPPORT- The Institute shall obtain initial and continuing support
from experienced researchers and practitioners, as it deems necessary,
to assist in implementing its strategies nationally, regionally, and locally.
(7) RESEARCH AGENDA- The Institute shall establish and implement a core
research agenda designed to address areas of particular challenge, including--
(A) how best to apply Operation Ceasefire or other successful models
to particularly large jurisdictions;
(B) how to foster and maximize the continuing impact of community moral
voices in this context;
(C) how to ensure the long-term sustainability of reduced violent crime
levels once initial levels of enthusiasm may subside; and
(D) how to apply existing intervention frameworks to emerging regional
or national gang problems, such as the emergence of the gang known as
MS-13.
(8) EVALUATION- The National Institute of Justice shall evaluate, on a
continuing basis, gang violence prevention strategies supported by the
Institute, and shall report the results of these evaluations by no later
than October 1 each year to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives.
(9) FUNDS- The Attorney General shall use not less than 3 percent, and
not more than 5 percent, of the amounts made available under this section
to establish and operate the Institute.
(g) Use of Funds- Of amounts made available to a local collaborative working
group under this section for each fiscal year that are remaining after the
costs of hiring a full time coordinator for the local collaborative effort--
(1) 50 percent shall be used for the operation of criminal street gang
enforcement teams; and
(2) 50 percent shall be used--
(A) to provide at-risk youth with positive alternatives to gangs and
other violent groups and to address the needs of those who leave gangs
and other violent groups through--
(i) service providers in the community, including schools and school
districts; and
(ii) faith leaders and other individuals experienced at reaching youth
who have been involved in violence and violent gangs or groups;
(B) for the establishment and operation of the National Gang Research,
Evaluation, and Policy Institute; and
(C) to support and provide technical assistance to research in criminal
justice, social services, and community gang violence prevention collaborations.
(h) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section $100,000,000 for each of fiscal years 2008 through
2012. Any funds made available under this subsection shall remain available
until expended.
SEC. 302. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE TO IMPROVE
ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT GANGS.
(a) In General- While maintaining the focus of Project Safe Neighborhoods
as a comprehensive, strategic approach to reducing gun violence in America,
the Attorney General is authorized to expand the Project Safe Neighborhoods
program to require each United States attorney to--
(1) identify, investigate, and prosecute significant criminal street gangs
operating within their district; and
(2) coordinate the identification, investigation, and prosecution of criminal
street gangs among Federal, State, and local law enforcement agencies.
(b) Additional Staff for Project Safe Neighborhoods-
(1) IN GENERAL- The Attorney General may hire Assistant United States
attorneys, non-attorney coordinators, or paralegals to carry out the provisions
of this section.
(2) ENFORCEMENT- The Attorney General may hire Bureau of Alcohol, Tobacco,
Firearms, and Explosives agents for, and otherwise expend additional resources
in support of, the Project Safe Neighborhoods/Firearms Violence Reduction
program.
(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
$20,000,000 for each of fiscal years 2008 through 2012 to carry out this
section. Any funds made available under this paragraph shall remain available
until expended.
SEC. 303. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF INVESTIGATION
TO INVESTIGATE AND PROSECUTE VIOLENT CRIMINAL STREET GANGS.
(a) Responsibilities of Attorney General- The Attorney General is authorized
to require the Federal Bureau of Investigation to--
(1) increase funding for the Safe Streets Program; and
(2) support criminal street gang enforcement teams.
(b) Authorization of Appropriations-
(1) IN GENERAL- In addition to amounts otherwise authorized, there are
authorized to be appropriated to the Attorney General $10,000,000 for
each of fiscal years 2008 through 2012 to carry out the Safe Streets Program.
(2) AVAILABILITY- Any amounts appropriated under paragraph (1) shall remain
available until expended.
SEC. 304. GRANTS TO PROSECUTORS AND LAW ENFORCEMENT TO COMBAT VIOLENT
CRIME.
(a) In General- Section 31702 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 13862) is amended--
(1) in paragraph (3), by striking `and' at the end;
(2) in paragraph (4), by striking the period at the end and inserting
a semicolon; and
(3) by adding at the end the following:
`(5) to hire additional prosecutors to--
`(A) allow more cases to be prosecuted; and
`(B) reduce backlogs; and
`(6) to fund technology, equipment, and training for prosecutors and law
enforcement in order to increase accurate identification of gang members
and violent offenders, and to maintain databases with such information
to facilitate coordination among law enforcement and prosecutors.'.
(b) Authorization of Appropriations- Section 31707 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is amended to
read as follows:
`SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated $20,000,000 for each of the fiscal
years 2008 through 2012 to carry out this subtitle.'.
SEC. 305. SHORT-TERM STATE WITNESS PROTECTION SECTION.
(1) IN GENERAL- Chapter 37 of title 28, United States Code, is amended
by adding at the end the following:
`Sec. 570. Short-Term State Witness Protection Section
`(a) In General- There is established in the United States Marshals Service
a Short-Term State Witness Protection Section which shall provide protection
for witnesses in State and local trials involving homicide or other major
violent crimes pursuant to cooperative agreements with State and local criminal
prosecutor's offices and the United States attorney for the District of
Columbia.
`(b) Eligibility- The Short-Term State Witness Protection Section shall
give priority in awarding grants and providing services to criminal prosecutor's
offices in States with an average of not less than 100 murders per year
during the 5-year period immediately preceding an application for protection,
as calculated using the latest available crime statistics from the Federal
Bureau of Investigation.'.
(2) CHAPTER ANALYSIS- The chapter analysis for chapter 37 of title 28,
United States Code, is amended by striking the items relating to sections
570 through 576 and inserting the following:
`570. Short-Term State Witness Protection Section.'.
(1) DEFINITIONS- In this subsection--
(A) the term `eligible prosecutor's office' means a State or local criminal
prosecutor's office or the United States attorney for the District of
Columbia that is located in a State with an average of not less than
100 murders per year during the most recent 5-year period, as calculated
using the latest available crime statistics from the Federal Bureau
of Investigation; and
(B) the term `serious violent felony' has the same meaning as in section
3559(c)(2) of title 18, United States Code.
(A) IN GENERAL- The Attorney General is authorized to make grants to
eligible prosecutor's offices for the purpose of providing short term
protection to witnesses in trials involving homicide or serious violent
felony.
(B) ALLOCATION- Each eligible prosecutor's office receiving a grant
under this subsection may either--
(i) use the grant to provide witness protection; or
(ii) pursuant to a cooperative agreement with the Short-Term State
Witness Protection Section of the United States Marshals Service,
credit the grant to the Short-Term State Witness Protection Section
to cover the costs to the section of providing witness protection
on behalf of the eligible prosecutor's office.
(A) IN GENERAL- Each eligible prosecutor's office desiring a grant under
this subsection shall submit an application to the Attorney General
at such time, in such manner, and accompanied by such information as
the Attorney General may reasonably require.
(B) CONTENTS- Each application submitted under subparagraph (A) shall--
(i) describe the activities for which assistance under this subsection
is sought; and
(ii) provide such additional assurances as the Attorney General determines
to be essential to ensure compliance with the requirements of this
subsection.
(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to carry out this subsection $90,000,000 for each of fiscal years 2008
through 2010.
SEC. 306. WITNESS PROTECTION SERVICES.
Section 3526 of title 18, United States Code (Cooperation of other Federal
agencies and State governments; reimbursement of expenses) is amended by
adding at the end the following:
`(c) In any case in which a State government requests the Attorney General
to provide temporary protection under section 3521(e) of this title, the
costs of providing temporary protection are not reimbursable if the investigation
or prosecution in any way relates to crimes of violence committed by a gang,
as defined under the laws of the relevant State seeking assistance under
this title.'.
SEC. 307. EXPANSION OF FEDERAL WITNESS RELOCATION AND PROTECTION PROGRAM.
Section 3521(a)(1) of title 18 is amended by inserting `, criminal street
gang, serious drug offense, homicide,' after `organized criminal activity'.
SEC. 308. FAMILY ABDUCTION PREVENTION GRANT PROGRAM.
(a) State Grants- The Attorney General is authorized to make grants to States
for projects involving--
(1) the extradition of individuals suspected of committing a family abduction;
(2) the investigation by State and local law enforcement agencies of family
abduction cases;
(3) the training of State and local law enforcement agencies in responding
to family abductions and recovering abducted children, including the development
of written guidelines and technical assistance;
(4) outreach and media campaigns to educate parents on the dangers of
family abductions; and
(5) the flagging of school records.
(b) Matching Requirement- Not less than 50 percent of the cost of a project
for which a grant is made under this section shall be provided by non-Federal
sources.
(c) Definitions- In this section:
(1) FAMILY ABDUCTION- -The term `family abduction' means the taking, keeping,
or concealing of a child or children by a parent, other family member,
or person acting on behalf of the parent or family member, that prevents
another individual from exercising lawful custody or visitation rights.
(2) FLAGGING- The term `flagging' means the process of notifying law enforcement
authorities of the name and address of any person requesting the school
records of an abducted child.
(3) STATE- The term `State' means each of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any
territory or possession of the United States, and any Indian tribe.
(d) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section $500,000 for fiscal year 2008 and such sums as
may be necessary for each of fiscal years 2009 and 2010.
END
